The Law Firm Of Myrna Serrano Setty, P.A
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Elder Law

Can An Adult Child Be Liable For A Parent’s Nursing Home Bill?

Although A Nursing Home Cannot Require A Child To Be Personally Liable For Their Parent’s Nursing Home Bill, There Are Circumstances In Which Children Can End Up Having To Pay This is a major reason why it is important to read any admission agreements carefully before signing. Federal regulations prevent a nursing home from requiring a third party to be personally liable as a condition of admission. However, children of nursing home residents often sign the nursing home admission agreement as the “responsible party.” This is a confusing term and it isn’t always clear from the contract what it means. Typically, The Responsible Party Is Agreeing To Do Everything In His Or Her Power To Make Sure That The Resident Pays The Nursing Home From The Resident’s Funds If the resident runs out of funds, the responsible party may be required to apply for Medicaid on the resident’s behalf. If the responsible party doesn’t follow through on applying for Medicaid or provide the state with all the information needed to determine Medicaid eligibility, the nursing home may sue the responsible party for breach of contract. In addition, if a responsible…Read More

Report Ranks States On Nursing Home Quality And Shows Families’ Conflicted Views

A new report that combines nursing home quality data with a survey of family members ranks the best and worst states for care and paints a picture of how Americans view nursing homes. The website Care.com analyzed Medicare’s nursing home ratings to identify the states with the best and worst overall nursing home quality ratings. Using Medicare’s five-star nursing home rating system, Care.com found that Hawaii nursing homes had the highest overall average ratings (3.93), followed by the District of Columbia (3.89), Florida (3.75), and New Jersey (3.75). The state with the lowest average rating was Texas (2.68), followed by Oklahoma (2.76), Louisiana (2.80), and Kentucky (2.98). Care.com also surveyed 978 people who have family members in a nursing home to determine their impressions about nursing homes. The surveyors found that the family members visited their loved ones in a nursing home an average six times a month, and more than half of those surveyed felt that they did not visit enough. Those who thought they visited enough visited an average of nine times a month. In addition, a little over half felt somewhat to extremely guilty about their loved…Read More

Getting Paid To Take Care Of A Sick Family Member

Caring for a sick family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 States Have Programs That Provide Pay To Family Caregivers. The Programs Vary By State, But Are Generally Available To Medicaid Recipients, Although There Are Also Some Non-Medicaid-Related Programs Medicaid’s program began as “cash and counseling,” but is now often called “self-directed,” “consumer-directed,” or “participant-directed” care. The first step is to apply for Medicaid through a home-based Medicaid program. Medicaid is available only to low-income seniors, and each state has different eligibility requirements. Medicaid application approval can take months, and there also may be a waiting list to receive benefits under the program. The state Medicaid agency usually conducts an assessment to determine the recipient’s care needs—e.g., how much help the Medicaid recipient needs with activities of daily living such as bathing, dressing, eating, and moving. Once the assessment is complete, the state draws up a budget, and the recipient can use the allotted funds to pay for goods or services related to care, including paying a…Read More

Estate Planning Mistakes Seniors (Including You Or Your Parents) Can’t Afford To Make

Once you or your parents reach senior status, you really can’t afford to put it off any longer. Unfortunately, without proper planning, seniors can lose everything, even if they have family to look after them. Having a will isn’t enough. More and more, the media is highlighting stories of seniors being taken advantage of, and even being targeted by unscrupulous professional guardians. While planning for your incapacity and death can be scary, it’s even scarier to think of all the horrible things that can happen to your family if don’t have the right planning in place. Here are a some of the most common mistakes that seniors make: Mistake #1: Not Creating Advance Medical Directives In your senior years, health care matters become much more relevant and urgent. At this age, you can no longer afford to put off important decisions related to your medical needs. How do you want your medical care handled if you become incapacitated and can’t communicate your wishes? And at the end of life, how do you want your medical care handled? You can address both of these situations with a Designation of Health Care…Read More

When Your Loved One Is Living With Dementia

Maria Shriver knows the devastation of Alzheimer’s disease firsthand. Her beloved father Sargent Shriver, founder of the Peace Corps and one-time candidate for Vice President of the United States, died of the disease in 2011 after being diagnosed in 2003. Often called “the long goodbye,” Alzheimer’s disease affects more than five million Americans and its prevalence will continue to grow with the aging population. Shriver recently reported for NBC.com on the five things Alzheimer’s or dementia victims should do once a diagnosis has been confirmed: Execute powers of attorney and advance medical directives. These allow for the designation of a trusted person or persons to make financial and medical decisions before cognitive impairments worsen. Create a will. If you do not have a will that designates how your assets will be distributed upon your death, you need to create one. If one exists, check it over for any necessary updates to beneficiaries or the addition of any assets acquired after the original will was made. [CTACustomJohnsonbox] Create an estate plan. Asset preservation is usually critical for those diagnosed with Alzheimer’s or other forms of dementia. An estate planning attorney can…Read More

You And Your Parents, The Sandwich Generation

The average age of parents raising children in the US continues to rise, leaving many middle-aged Americans in a category commonly referred to as the “sandwich” generation. This growing population of adults are often still raising kids at home when they become responsible for the care of their own aging parents. The stress and financial strain of managing taking care of both your children and your parents can become overwhelming. The following tips can help make this challenging life stage easier to manage, and more enjoyable for everyone. Assess The Financial Situation Taking time to thoroughly understand the complete financial picture of your home is important when you step into a role of responsibility for your aging parent. You can prepare for all possibilities, and avoid surprises, by working with a professional to consider how your role in the care of your parent will affect the plans you are making for your family’s financial future. Take advantage of our Estate Planning Sessions, a comprehensive planning process encompassing your concerns and needs. Plan Ahead Benjamin Franklin is quoted as saying that, “Failing to plan is planning to fail.” Planning for your…Read More

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